In 2010, Ricardo Woods, 35, shot David Chandler in the head and neck in Cincinnati. Police interviewed Chandler, also 35, shortly after the shooting. At the time, Chandler was paralyzed, connected to a ventilator, and able to communicate only with his eyes. Two weeks later, he died.

Police videotaped the interview with Chandler and showed it to jurors. The video shows Chandler blinking three times to identify Woods. When police asked him if he was sure, he again blinked three times.